LAW 680 Lecture Notes - Lecture 23: Misdemeanor
Document Summary
Problem 5-2: a desire to investigate, your indigent client charged with misdemeanor assault and you were assigned to him the morning of his trial. Client says there are 5 people who saw the fight. P subpoenaed three of them, but they"ll probably be against your client. You ask judge to postpone because you just got the case and he says you have until lunchtime is over. Court comes back into session and you say you"re still not ready. Judge says proceed or i"ll hold you in criminal contempt and take you to jail. If your client is convicted her can appeal on the basis of ineffective assistance of counsel. What do you do: well, i don"t want to go to jail. It"s also not my fault that the client took so long to ask for a lawyer. Also, as a public defender you have a lot of other clients so you can"t afford to go to fail.